Case Note & Summary
The petitioner, Sarvodaya Mahila Mandal, a society registered under the Societies Registration Act, 1860, and its Principal, Kamladevi Shikshan Mahavidyalaya, filed a writ petition before the Bombay High Court, Nagpur Bench. The petitioner no.1 is a Linguistic Minority Educational Institution recognized by the State of Maharashtra. It applied for conducting a B.Ed. course, but the application was rejected by the National Council for Teacher Education (NCTE) mainly on the ground that the Staff List approved by the Examining Body was not submitted. Against this rejection, an appeal was preferred under Section 18 of the National Council for Teacher Education Act, 1993, which was also dismissed. The petitioners then approached the High Court. The court, after hearing the parties, observed that the requirement of staff list approval by the Examining Body is not a mandatory condition for minority institutions. The court allowed the writ petition, set aside the impugned orders, and directed the respondents to reconsider the application without insisting on the staff list approval. The court also directed that the application be decided within a period of four weeks from the date of the order.
Headnote
A) Education Law - Linguistic Minority Institution - B.Ed. Course Recognition - Section 18 National Council for Teacher Education Act, 1993 - The petitioner, a Linguistic Minority Educational Institution, applied for conducting B.Ed. course but the application was rejected on the ground that the Staff List approved by the Examining Body was not submitted. The Court held that the requirement of staff list approval by the Examining Body is not a mandatory condition for minority institutions and the rejection was unsustainable. The Court allowed the petition and directed the respondents to reconsider the application without insisting on the staff list approval. (Paras 1-4)
Issue of Consideration
Whether the rejection of the application for conducting B.Ed. course by the National Council for Teacher Education on the ground that the Staff List approved by the Examining Body was not submitted is sustainable in law, especially for a Linguistic Minority Educational Institution.
Final Decision
The writ petition is allowed. The impugned orders are quashed and set aside. The respondents are directed to reconsider the application of the petitioners for conducting B.Ed. course without insisting on the Staff List approved by the Examining Body. The application shall be decided within a period of four weeks from the date of the order.
Law Points
- Linguistic Minority Educational Institution
- B.Ed. Course
- Staff List Approval
- Examining Body
- Section 18 NCTE Act
- 1993
- Recognition
- Rejection
- Appeal
- Writ Petition
